Group, I have reviewed 21 OS 481, et seq., regarding the prohibited employment of relatives. I have a municipal client who wants to hire the son of a police officer to work in the police department, but of whom the father-police officer will have no supervisory role over his son. Both the Mayor and the department head (i.e., Chief of Police) are responsible for hiring and firing the Town's employees; neither are related to the father-police officer or his son. My question concerns whether this is permissible, noting that if not violation may subject the Town officers to criminal liability under 21 OS 485. I appreciate your input in this regard. Thank you. *D. David Haggerty* OBA #21201, CBA #193, SBT #24086687 *D. David Haggerty, PLLC* Attorney At Law 121 N. 3rd Ave. Durant, OK 74701 Office #: (580) 924-0405 Email: ddavidhaggertylaw@gmail.com Office Hours: Monday-Thursday, 8:30 a.m.-12:00 p.m. & 1:00 p.m.-4:00 p.m., Friday, 8:30 a.m. - 12:00 p.m. & 1:00 p.m.-3:00 p.m.

David, You might also look at 11 Okla. Stat. §8-106. I don’t think it prohibits your situation. I haven’t looked at the Title 21 sections in a while, but it sounds like you are on the right track. Good Luck! Mark H. Ramsey For the Firm Taylor, Foster, Mallett, Downs, Ramsey & Russell, P.C. P.O. Box 309 Claremore, OK 74018 918-343-4100 918-343-4900 fax mramsey@soonerlaw.com<mailto:apixley@soonerlaw.com> The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.com<mailto:postmaster@soonerlaw.com> and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you. From: D. David Haggerty <ddavidhaggertylaw@gmail.com> Sent: Wednesday, October 26, 2022 2:26 PM To: oama@lists.imla.org Subject: [Oama] Nepotism Question Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail. ________________________________ Group, I have reviewed 21 OS 481, et seq., regarding the prohibited employment of relatives. I have a municipal client who wants to hire the son of a police officer to work in the police department, but of whom the father-police officer will have no supervisory role over his son. Both the Mayor and the department head (i.e., Chief of Police) are responsible for hiring and firing the Town's employees; neither are related to the father-police officer or his son. My question concerns whether this is permissible, noting that if not violation may subject the Town officers to criminal liability under 21 OS 485. I appreciate your input in this regard. Thank you. D. David Haggerty OBA #21201, CBA #193, SBT #24086687 D. David Haggerty, PLLC Attorney At Law 121 N. 3rd Ave. Durant, OK 74701 Office #: (580) 924-0405 Email: ddavidhaggertylaw@gmail.com<mailto:ddavidhaggertylaw@gmail.com> Office Hours: Monday-Thursday, 8:30 a.m.-12:00 p.m. & 1:00 p.m.-4:00 p.m., Friday, 8:30 a.m. - 12:00 p.m. & 1:00 p.m.-3:00 p.m.

Mark's absolutely right. Start at 8-106 (which, if the person is not related within the 3rd degree to a member of the governing body or the appointing authority, then there's no violation). Then go to 21 O.S. 481. Similar to 8-106, this one prohibits appointments of persons related within the 3rd degree to the person making the appointment. 482 relates to payment to such persons, and is only violated if we are paying a person who was ineligible for their appointment in the first place. So if it's just we want to hire a cops son to also be a cop, and the father is just a cop and not the Chief (appointing authority), then I don't see any reason why you couldn't do that. No 3rd degree relationship to the appointing authority (and hopefully no 3rd degree relationship to anyone on the City Council/Town Board). On Wed, Oct 26, 2022 at 2:52 PM Mark Ramsey <MRamsey@soonerlaw.com> wrote: > David, > > > > You might also look at 11 Okla. Stat. §8-106. I don’t think it prohibits > your situation. I haven’t looked at the Title 21 sections in a while, but > it sounds like you are on the right track. > > > > Good Luck! > > > > Mark H. Ramsey > > For the Firm > > *Taylor, Foster, Mallett,* > > *Downs, Ramsey & Russell, P.C**.* > > P.O. Box 309 > > Claremore, OK 74018 > > 918-343-4100 > > 918-343-4900 fax > > mramsey@soonerlaw.com <apixley@soonerlaw.com> > > *The information contained in this electronic mail transmission (including > any accompanying attachments) is intended solely for its authorized > recipient(s), and may be confidential and/or legally privileged. If you are > not an intended recipient, or responsible for delivering some or all of > this transmission to an intended recipient, you have received this > transmission in error and are hereby notified that you are strictly > prohibited from reading, copying, printing, distributing or disclosing any > of the information contained in it. In that event, please contact us > immediately by telephone (918) 343-4100 or by electronic mail at * > postmaster@soonerlaw.com* and delete the original and all copies of this > transmission (including any attachments) without reading or saving in any > manner. Thank you.* > > > > > > > > *From:* D. David Haggerty <ddavidhaggertylaw@gmail.com> > *Sent:* Wednesday, October 26, 2022 2:26 PM > *To:* oama@lists.imla.org > *Subject:* [Oama] Nepotism Question > > > > *Notice: This email is from an external source. Do not open attachments or > click on links from unknown senders or unexpected e-mail.* > ------------------------------ > > > > Group, > > > > I have reviewed 21 OS 481, et seq., regarding the prohibited employment of > relatives. I have a municipal client who wants to hire the son of a police > officer to work in the police department, but of whom the father-police > officer will have no supervisory role over his son. Both the Mayor and the > department head (i.e., Chief of Police) are responsible for hiring and > firing the Town's employees; neither are related to the father-police > officer or his son. My question concerns whether this is permissible, > noting that if not violation may subject the Town officers to criminal > liability under 21 OS 485. I appreciate your input in this regard. Thank > you. > > > > *D. David Haggerty* > > OBA #21201, CBA #193, SBT #24086687 > > > > *D. David Haggerty, PLLC* > > Attorney At Law > > 121 N. 3rd Ave. > > Durant, OK 74701 > > Office #: (580) 924-0405 > > Email: ddavidhaggertylaw@gmail.com > > Office Hours: Monday-Thursday, 8:30 a.m.-12:00 p.m. & 1:00 p.m.-4:00 > p.m., Friday, 8:30 a.m. - 12:00 p.m. & 1:00 p.m.-3:00 p.m. > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >

Matt, that answers my question on the nose. Thanks very much for your input! *D. David Haggerty* OBA #21201, CBA #193, SBT #24086687 *D. David Haggerty, PLLC* Attorney At Law 121 N. 3rd Ave. Durant, OK 74701 Office #: (580) 924-0405 Email: ddavidhaggertylaw@gmail.com Office Hours: Monday-Thursday, 8:30 a.m.-12:00 p.m. & 1:00 p.m.-4:00 p.m., Friday, 8:30 a.m. - 12:00 p.m. & 1:00 p.m.-3:00 p.m. On Wed, Oct 26, 2022 at 3:36 PM Matt Love <matt.love@gmail.com> wrote: > Mark's absolutely right. Start at 8-106 (which, if the person is not > related within the 3rd degree to a member of the governing body or the > appointing authority, then there's no violation). Then go to 21 O.S. 481. > Similar to 8-106, this one prohibits appointments of persons related within > the 3rd degree to the person making the appointment. 482 relates to payment > to such persons, and is only violated if we are paying a person who was > ineligible for their appointment in the first place. > > So if it's just we want to hire a cops son to also be a cop, and the > father is just a cop and not the Chief (appointing authority), then I don't > see any reason why you couldn't do that. No 3rd degree relationship to the > appointing authority (and hopefully no 3rd degree relationship to anyone on > the City Council/Town Board). > > On Wed, Oct 26, 2022 at 2:52 PM Mark Ramsey <MRamsey@soonerlaw.com> wrote: > >> David, >> >> >> >> You might also look at 11 Okla. Stat. §8-106. I don’t think it prohibits >> your situation. I haven’t looked at the Title 21 sections in a while, but >> it sounds like you are on the right track. >> >> >> >> Good Luck! >> >> >> >> Mark H. Ramsey >> >> For the Firm >> >> *Taylor, Foster, Mallett,* >> >> *Downs, Ramsey & Russell, P.C**.* >> >> P.O. Box 309 >> >> Claremore, OK 74018 >> >> 918-343-4100 >> >> 918-343-4900 fax >> >> mramsey@soonerlaw.com <apixley@soonerlaw.com> >> >> *The information contained in this electronic mail transmission >> (including any accompanying attachments) is intended solely for its >> authorized recipient(s), and may be confidential and/or legally privileged. >> If you are not an intended recipient, or responsible for delivering some or >> all of this transmission to an intended recipient, you have received this >> transmission in error and are hereby notified that you are strictly >> prohibited from reading, copying, printing, distributing or disclosing any >> of the information contained in it. In that event, please contact us >> immediately by telephone (918) 343-4100 or by electronic mail at * >> postmaster@soonerlaw.com* and delete the original and all copies of this >> transmission (including any attachments) without reading or saving in any >> manner. Thank you.* >> >> >> >> >> >> >> >> *From:* D. David Haggerty <ddavidhaggertylaw@gmail.com> >> *Sent:* Wednesday, October 26, 2022 2:26 PM >> *To:* oama@lists.imla.org >> *Subject:* [Oama] Nepotism Question >> >> >> >> *Notice: This email is from an external source. Do not open attachments >> or click on links from unknown senders or unexpected e-mail.* >> ------------------------------ >> >> >> >> Group, >> >> >> >> I have reviewed 21 OS 481, et seq., regarding the prohibited employment >> of relatives. I have a municipal client who wants to hire the son of a >> police officer to work in the police department, but of whom the >> father-police officer will have no supervisory role over his son. Both the >> Mayor and the department head (i.e., Chief of Police) are responsible for >> hiring and firing the Town's employees; neither are related to the >> father-police officer or his son. My question concerns whether this is >> permissible, noting that if not violation may subject the Town officers to >> criminal liability under 21 OS 485. I appreciate your input in this >> regard. Thank you. >> >> >> >> *D. David Haggerty* >> >> OBA #21201, CBA #193, SBT #24086687 >> >> >> >> *D. David Haggerty, PLLC* >> >> Attorney At Law >> >> 121 N. 3rd Ave. >> >> Durant, OK 74701 >> >> Office #: (580) 924-0405 >> >> Email: ddavidhaggertylaw@gmail.com >> >> Office Hours: Monday-Thursday, 8:30 a.m.-12:00 p.m. & 1:00 p.m.-4:00 >> p.m., Friday, 8:30 a.m. - 12:00 p.m. & 1:00 p.m.-3:00 p.m. >> -- >> Oama mailing list -- oama@lists.imla.org >> To unsubscribe send an email to oama-leave@lists.imla.org >> >